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(영문) 창원지방법원 통영지원 2013.11.21 2013고정349
자연공원법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Any person who intends to alter the purpose of buildings which are feared to impair the scenery or impede the conservation and management of a natural park in addition to a park project in a park area shall obtain permission therefor from the park management agency, as prescribed by Presidential Decree.

Nevertheless, on October 2012, the Defendant, without obtaining permission from a park management authority, remodeled the area of approximately 22.78 square meters in a single-story fish hold warehouse, which is approximately 84.12 square meters of the area of C and D ground, in Dong-si, Si, Do, and Dong-si, which is a park zone, into the law, and changed its use.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement of E;

1. A written statement;

1. A written accusation;

1. Application of statutes to a copy of a site satellite photograph, site plan, site photograph, and copy of the register;

1. Article 83 subparagraph 1 of the Natural Parks Act and Article 23 (1) 10 of the same Act concerning facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the argument of Article 334(1) of the Criminal Procedure Act regarding the provisional payment order, the defendant and his defense counsel asserted that the defendant's alteration of the purpose of use of the building of this case into the law by remodeling the building of this case for warehouse without permission does not constitute an act that alone does not harm the landscape under the Natural Parks Act or alteration of the use of the building that is likely to hinder the conservation

According to the evidence mentioned above, the defendant purchased the building of this case, which is a warehouse, from E on August 2012, and it is acknowledged that the defendant changed the purpose of use into the law by altering part of the building of this case into the law by installing a wall and installing a new entrance after closing the entrance installed in the early October 201 of the same year in the first time. The above act of the defendant is a natural park in consideration of environmental damage caused by an unspecified number of new and unspecified stories, etc. found in the above act of the defendant, the possibility of discharging sewage water, etc.

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